November 14, 2008

More on Conte v. Wyeth

On Monday, CalBizLit posted here about Conte v. Weyeth, where the Court of Appeal last week held that Wyeth could be held liable for alleged misrepresentations in its labeling even when the plaintiff took only the generic version of the drug, not Wyeth's. I took issue with Beck and Hermann's argument that the decision "stands product liability on its head."

Well, here's a longer, more thoroughly and forcefully argued case at their Drug and Device Law, and they're starting to convince me.

But I think this all goes away at the California Supreme Court. And remember, if that Court grants a hearing, the Court of Appeal decision immediately becomes permanently unciteable.

And now, because it's Friday . . . . .

Look Out -- Off-Topic Musical Post:

With a hat tip to Andrew Sullivan, here's a mental health break with Marvin Gaye.